Bombay High Court

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction....

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the Appellant, Gajanan Chintaman Gujar, who was defen...

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Bombay High Court Dismisses Second Appeal in Land Possession Dispute — Zilla Parishad Cannot Retain Land Without Acquisition. The court held that the Zilla Parishad's possession of private land without acquisition proceedings does not confer title, and the suit for recovery of possession is not barred by limitation....

The present second appeal arises from a suit filed by the original plaintiffs (respondents 1 and 2) against the Zilla Parishad, Parbhani (appellant 1) and the Gramsevak (appellant 2), along with the S...

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Bombay High Court Allows Petitioners' Appeal in Land Revenue Case — Pre-deposit of 25% Amount Not Mandatory for Filing Appeal Under Section 247 of Maharashtra Land Revenue Code, 1966. The court held that the first proviso to Section 256(2) of the MLRC requiring pre-deposit applies only to appeals under Section 256, not to appeals under Section 247....

The petitioners, Avinash Madhukar Kharat and Dhanaji Rajaram Patil, filed a writ petition in the Bombay High Court challenging an order dated 27 April 2017 passed by the Sub-Divisional Officer (Respon...

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Bombay High Court Quashes Demand for Extension Fee Against Co-operative Society in Land Allotment Dispute — Government Resolution Dated 1st March 2019 Held Inapplicable to Allotments Made Prior to Its Issuance....

The Petitioner, Bhiwandi Powerloom Co-operative Society Ltd., was allotted land admeasuring approximately 10 acres and 5 gunthas in Village Savande, Taluka Bhiwandi, by order dated 9th September 1977,...

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Bombay High Court Upholds Employer in Unfair Labour Practice Dispute; Sets Aside Labour Court Reinstatement. Employee's Voluntary Admission of Misappropriation in Departmental Enquiry Precluded Unfair Labour Practice Claim Under Article 227....

The dispute arose from a disciplinary action taken by the employer, the Chief Executive Officer, Sangli Zilla Parishad, against the employee, a Gramsevak. The employee was appointed in 1966 and served...

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Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance....

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condition No. 1 while considering the petitioner's buil...

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Bombay High Court Allows Restoration of RERA Appeals Dismissed for Non-Filing of Hard Copies. Procedural Compliance Must Not Override Substantial Justice Under Section 58 of RERA Act....

The judgment arises from three second appeals filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) by Kailash Patil, a developer/promoter, against orders of the ...

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High Court of Judicature at Bombay Dismisses Review Petitions in Contempt Appeal Restoration Matter for Lack of Error Apparent on Face of Record. Restoration of Appeal Dismissed for Non-Removal of Office Objections Upheld as Court Record Showed Objections Complied With on 4 June 2007....

The matter arose from review petitions filed before the High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction, challenging an order dated 20 April 2023 that restored an appeal dismi...

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High Court Dismisses Assessee's Appeal in Income Tax Case — Commission Payment Disallowance Upheld. The court held that the Tribunal's finding that commission agents had not rendered services was based on valid material and sustainable under Section 37(1) of the Income Tax Act, 1961....

The appellant, The Indian Hume Pipe Co. Ltd., is a listed company engaged in manufacturing and sale of RCC pipes, steel pipes, etc. For the assessment year 1986-87, the appellant filed its return of i...

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Bombay High Court Allows Parents' Appeal in Railway Accident Claim — Falling from Crowded Train is Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Parents Held to be Dependants Entitled to Compensation Despite Lack of Documentary Proof....

The appellants, parents of the deceased Alpesh Arun Dhotre, filed a claim for compensation before the Railway Claims Tribunal after their son died while travelling in a local train on 26 January 2010....